October 6, 2015 – 9:30 A.M.
FINAL
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
OCTOBER 6, 2015
PAGE ITEM
6 2C-6 DELETED: Proclamation recognizing the 30th
Anniversary of the Florida Atlantic Research and Development Authority.
(Sponsored by Commissioner Abrams Vice
Mayor Berger)
6 2C-9 ADD-ON: Proclamation recognizing the 75th
Anniversary of the Junior League of the Palm Beaches. (Sponsored by
Commissioner McKinlay)
6 2C-10 ADD-ON: Proclamation declaring
October 4 – 10, 2015 as “Fire Prevention Week” in Palm Beach County. (Sponsored
by Commissioner McKinlay)
6 2C-11 ADD-ON: Proclamation declaring
October 2015 as “Dyslexia Awareness Month” in Palm Beach County. (Sponsored by
Commissioner Abrams)
6 2C-12 ADD-ON: Proclamation declaring
October 2015 as “National Disability Employment Awareness Month” in Palm Beach
County. (Sponsored by Commissioner Abrams)
6 2C-13 ADD-ON: Proclamation declaring
October 2015 as “Guardianship Fraud Awareness Month” in Palm Beach County.
(Sponsored by Vice Mayor Berger)
7 3A-1 DELETED:
Staff recommends motion to approve: Golf Tournament Agreement with
Trump International Golf Club, L.C. and Community Assistance & Benefit
Corp. for a one day charitable golf tournament to be held on November 9, 2015.
(Admin) (Deleted per the Commissioner’s request)
7 3A-3 REVISED TITLE:
Staff recommends motion to: appoint one and reappoint one individual to the Small Business Assistance (SBA)
Advisory Committee for a term of three years for the seats and terms indicated
below:
APPOINT:
NOMINEE SEAT DESIGNATION TERM NOMINATED BY
Thais Sullivan 14 Black Chamber of Commerce 10/06/2015 – 9/30/18 Comm. Abrams
Comm.
Taylor
RE-APPOINT:
NOMINEE SEAT DESIGNATION TERM NOMINATED BY
Rachelle Wood
8 National Association of 10/6/2015 – 10/5/2018 Comm. Abrams
Women in Construction Comm.
Taylor
Comm.
McKinlay
(Admin/OSBA)
25 5D-1 DELETED: Staff
recommends motion to: A) adopt a Resolution to approve a Traffic Signal
Maintenance and Compensation Agreement (Agreement) with the Florida Department
of Transportation (FDOT);….(Engineering)
(Further staff review)
NOTE: Items that were revised, added, deleted, or
backup submitted and were not listed on the addition/deletion sheet distributed
to the Board the prior day are noted with an asterisk (*).
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
OCTOBER 6, 2015
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL
TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA
APPROVAL/SPECIAL PRESENTATIONS
A. Additions,
Deletions, Substitutions
B. Adoption
C. Special
Presentations (Page 6)
3. CONSENT
AGENDA (Pages 7 - 21)
4. PUBLIC
HEARING – 9:30 A.M. (Page 22)
5. REGULAR
AGENDA (Pages 23 - 28)
TIME
CERTAIN 11:00 A.M. (Palm Beach Juvenile Correctional Facility Discussion)
(Page 23)
6. BOARD
APPOINTMENTS (Page 29)
7. MATTERS BY THE PUBLIC – 2:00 P.M. (Page 30)
8. STAFF
COMMENTS (Page 31)
9. COMMISSIONER
COMMENTS (Page 32)
10. ADJOURNMENT (Page 32)
* * * * * * * * * * *
OCTOBER 6, 2015
SPECIAL PRESENTATIONS - 9:30 A.M.
Page 6
2C-1 Hotel Day
2C-2 Lights On Afterschool
Day
2C-3 National 4-H Week
2C-4 Florida Native Plant Month
2C-5 Oktoberfest
2C-6 30th Anniversary of the Florida
Atlantic Research and Development Authority
2C-7 Pie It Forward Day
2C-8 Poverty Awareness Week
CONSENT AGENDA
A. ADMINISTRATION
Page 7
3A-1 Golf Tournament Agreement with Trump
International Golf Club, LC and Community Assistance & Benefit Corp.
regarding charitable golf tournament
3A-2 Certificate
regarding matching funds for the Supervisor of Elections’ Federal election
activities
3A-3 Small
Business Assistance Advisory Committee appointment/reappointment
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Work
Orders for three milling and resurfacing projects
3C-2 Supplemental Agreement No. 1 with K-F Group,
Inc. for design plans and construction bid documents for the Indiantown Road
and Jupiter Farms Road intersection improvements project
Page 9
3C-3 Consent to Assignment
of three annual structural contract projects from Bridge Design Associates to
Wantman Group, Inc.
3C-4 FY
2015/2016 Pathway Program
D. COUNTY ATTORNEY
Page 10
3D-1 Settlement Agreement with Holy Trinity
Episcopal Church of West Palm Beach, Inc., Holy Trinity Properties, Inc. and
the City of West Palm Beach
E. COMMUNITY SERVICES
Page 10
3E-1 Florida Agency for Health Care
Administration Health Care Licensing Application/Addendum renewal relating to
the North County Adult Day Care center
F. AIRPORTS
Page 11
3F-1 First
Amendment to the Development Site Lease Agreement with Palm Auto Plaza, LLC
relating to the PBAI Palm Auto Plaza
OCTOBER 6, 2015
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 11
3G-1 Contract
Review Committee appointment
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 11
3H-1 Resolution
conveying three parcels of surplus property to the City of West Palm Beach
Page 12
3H-2 Resolution
conveying .22 acres of surplus property to the City of Delray Beach
3H-3 Resolution conveying .06 acres of surplus
property to the Palm Beach County Housing Authority
Page 13
3H-4 Resolution conveying seven parcels of surplus
property to the City of Belle Glade
3H-5 Resolution conveying 0.039 acres of real
property to the Lake Worth Drainage District
Page 14
3H-6 Deed of Conservation Easement across a
portion of Okeeheelee Park South in favor of the South Florida Water Management
District
3H-7 Standard License Agreement in favor of Thalle
Construction Company, Inc. for the placement of temporary storm water discharge
pipes and a staging area within Paul Rardin Park
I. ECONOMIC SUSTAINABILITY
Page 15
3I-1 Delegation
of Authority for the County Administrator to sign State required Administrative
Closeout Reports for the Florida Community Development Block Grant Disaster
Recovery Initiatives programs
3I-2 Agreement
with the Palm Beach County Film & Television Commission, Inc. related to
the Film & TV Tech Prep Program
J. PLANNING, ZONING & BUILDING
Page 15
3J-1 Resolution
changing the name of Process Drive to Weisman Way
K. WATER UTILITIES - None
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 16
3L-1 Federal Cost Sharing Agreement with the
Department of Army to fund a feasibility study to identify environmental
restoration projects within the Lake Worth Lagoon
3L-2 Resolution
dedicating Winding Waters Natural Area in honor of Richard E. Walesky
M. PARKS & RECREATION
Page 16
3M-1 Receive and file four Independent Contractor
Agreements
N. LIBRARY
- None
P. COOPERATIVE EXTENSION SERVICE - None
Q. CRIMINAL JUSTICE COMMISSION - None
R. HUMAN RESOURCES - None
OCTOBER 6, 2015
TABLE OF CONTENTS
CONSENT AGENDA CONTINUED
S. FIRE RESCUE
Page 17
3S-1 Receive and file one License Agreement for
Training at the Palm Beach County Fire Rescue Regional Training Center with the
City of Greenacres
3S-2 Interlocal
Agreement for Fire/Rescue MSTU CRA Exemption with the Town of Lake Park
T. HEALTH DEPARTMENT
Page 17
3T-1 Resolution authorizing use of funds from the
Pollution Recovery Trust Fund for the purpose of purchasing a shelter for
ambient air monitoring
U. INFORMATION SYSTEMS SERVICES
Page 18
3U-1 Interlocal
Agreement for network services with Seacoast Utility Authority
3U-2 Grant
Application to the U.S. Geological Survey for a 3D Elevation Mapping Program
grant
V. METROPOLITAN PLANNING ORGANIZATION - None
W. PUBLIC AFFAIRS - None
X. PUBLIC SAFETY
Page 19
3X-1 Agreements with the Fifteenth Judicial
Circuit relating to court ordered forensic evaluations and testimony through
the Justice Services’ Court Psychology Office
Y. PURCHASING - None
Z. RISK MANAGEMENT
Page 20
3Z-1 Selection/Contract
with Solstice Benefits, Inc. relating to employee dental plans
3Z-2 Purchase of airport liability insurance
through Arthur J. Gallagher & Co.
AA. PALM TRAN - None
BB. YOUTH SERVICES - None
CC. INTERNAL AUDITOR
Page 21
3CC-1 Internal Audit Committee
reappointment/appointment
PUBLIC HEARING – 9:30 A.M.
Page 22
4A Ordinance adopting an Interlocal Service
Boundary Agreement with the City of Lake Worth
OCTOBER 6, 2015
TABLE OF CONTENTS
REGULAR AGENDA
ADMINISTRATION
Page 23
5A-1 Palm Beach Juvenile Correctional Facility
Discussion – TIME CERTAIN 11:00 A.M.
COMMUNITY
SERVICES
Page 23
5B-1 Hunger
Relief Strategic Plan for Palm Beach County
COUNTY
ATTORNEY
Page 24
5C-1 Home
Caregiver Ordinance
5C-2 Civil
Citation for Small Quantity Marijuana Possession Ordinance
ENGINEERING
& PUBLIC WORKS
Page 25
5D-1 Traffic Signal
Maintenance and Compensation Agreement with the Florida Department of
Transportation
FACILITIES DEVELOPMENT & OPERATIONS
Page 26
5E-1 Second Amendment to Concessionaire Service
Agreement with DH2, Inc. for operation of food and beverage services at Osprey
Point Golf Course
RISK
MANAGEMENT
Page 27
5F-1 Fourth annual option to renew the
Administrative Services Only Agreement with CIGNA Health and Life Insurance
Company
TOURIST
DEVELOPMENT COUNCIL
Page 28
5G-1 Option
to renew Agreement with Ovations Food Services, LP for provision of food and
beverage operations at the Convention Center
BOARD APPOINTMENTS (Page 29)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 30)
STAFF COMMENTS (Page 31)
COMMISSIONER
COMMENTS (Page 32)
ADJOURNMENT (Page 32)
OCTOBER 6, 2015
2C. SPECIAL
PRESENTATIONS – 9:30 A.M.
1. Proclamation declaring October 14, 2015
as “Hotel Day” in Palm Beach County. (Sponsored by Mayor Vana)
2. Proclamation declaring October 22, 2015
as “Lights On Afterschool Day” in Palm Beach County.
(Sponsored by Mayor Vana)
3. Proclamation declaring October 4 – 10,
2015 as “National 4-H Week” in Palm Beach County. (Sponsored by Vice Mayor
Berger)
4. Proclamation declaring October 2015 as
“Florida Native Plant Month” in Palm Beach County. (Sponsored by Commissioner
Burdick)
5. Proclamation declaring the weekends of
October 9 – 11 and October 16 – 18, 2015 as “Oktoberfest” in Palm Beach County.
(Sponsored by Commissioner Burdick)
6. DELETED:
Proclamation recognizing the 30th Anniversary of the Florida Atlantic
Research and Development Authority. (Sponsored by Commissioner Abrams Vice Mayor Berger)
7. Proclamation
declaring November 24, 2015 as “Pie It Forward Day” in Palm Beach County.
(Sponsored by Commissioner Taylor)
8. Proclamation
declaring October 12 – 16, 2015 as “Poverty Awareness Week” in Palm Beach
County. (Sponsored by Commissioner Taylor)
9. ADD-ON: Proclamation recognizing the 75th
Anniversary of the Junior League of the Palm Beaches. (Sponsored by
Commissioner McKinlay)
10. ADD-ON: Proclamation declaring October 4 – 10,
2015 as “Fire Prevention Week” in Palm Beach County. (Sponsored by Commissioner
McKinlay)
11. ADD-ON: Proclamation declaring October 2015 as
“Dyslexia Awareness Month” in Palm Beach County. (Sponsored by Commissioner Abrams)
12. ADD-ON: Proclamation declaring October 2015 as
“National Disability Employment Awareness Month” in Palm Beach County.
(Sponsored by Commissioner Abrams)
13. ADD-ON: Proclamation declaring October 2015 as
“Guardianship Fraud Awareness Month” in Palm Beach County. (Sponsored by Vice
Mayor Berger)
* * * * * * * * * * * *
OCTOBER 6, 2015
3. CONSENT AGENDA APPROVAL
A. ADMINISTRATION
1. DELETED: Staff recommends motion to
approve: Golf
Tournament Agreement with Trump International Golf Club, L.C. and Community
Assistance & Benefit Corp. for a one day charitable golf tournament to be
held on November 9, 2015. SUMMARY: The Development Site
Lease Agreement with the Trump International Golf Club, L.C., approved
September 3, 1996 (R96-1277D), allows use of the golf course during the months
of May through October for the County to host either a single two-day, or two
one-day charitable golf tournament(s). The Golf Tournament Agreement
provides for the Trump International Golf Club to be available exclusively for
the tournament to be held on November 9, 2015. Proceeds from the golf
tournament will benefit Community Assistance & Benefit Corp. Countywide (AH)
2. Staff recommends
motion to authorize: the Mayor to sign the Certificate Regarding
Matching Funds certifying that the Board of County Commissioners will provide
matching funds in the amount of $21,427.53 for the Supervisor of Elections’
Federal Election Activities grant for FY 2016. SUMMARY: The 2015 Florida
Legislature appropriated funds specifically for federal election activities.
These funds are distributed to the Supervisors of Elections (SOE) pursuant to a
formula based on active registered voters in each county. Palm Beach County’s share of the State funding
is $142,850.21. The County is required
to provide a 15% match of $21,427.53 which is included in the SOE’s FY 2016
budget. Countywide (DN)
3. REVISED TITLE:
Staff
recommends motion to: appoint one and reappoint one individual to the Small Business Assistance (SBA)
Advisory Committee for a term of three years for the seats and terms indicated
below:
APPOINT:
NOMINEE SEAT DESIGNATION TERM NOMINATED BY
Thais Sullivan 14 Black Chamber of Commerce 10/06/2015 – 9/30/18 Comm. Abrams
Comm.
Taylor
RE-APPOINT:
NOMINEE SEAT DESIGNATION TERM NOMINATED BY
Rachelle Wood
8 National
Association of 10/6/2015
– 10/5/2018 Comm. Abrams
Women in Construction Comm.
Taylor
Comm.
McKinlay
SUMMARY: On August 18,
2015, the Board of County Commissioners approved the appointment of Ms.
Kenyatta Brooks to Seat 14. The Black Chamber of Commerce of Palm Beach
County has requested replacement of Ms. Kenyatta Brooks with Ms. Thais
Sullivan, an Executive Board Member. Ms. Sullivan will complete the term
of Ms. Brooks which expires on September 30, 2018. The SBA
Advisory Committee is established pursuant to Section 2.80.32, of the Palm
Beach County Code as amended on March 12, 2013.
The committee consists of fifteen members representing one black
business owner certified as a small business by the County; one Hispanic
business owner certified as a small business by the County; one woman business
owner certified as a small business by the County; one white male business
owner certified as a small business by the County; one business owner domiciled
in Palm Beach County; one representative of a business incubator program; one
representative of the Hispanic business organization; one representative of the
National Association of Women in Construction; one representative of a Women’s
Business Organization; one certified minority contractor; one representative of
the Associated General Contractors of America; one representative of the Small
Business Development Center; one representative
of a financial institution that assists small businesses; one representative of
the Black Chamber of Commerce; and one representative of a professional
services organization. The SBA Advisory Committee supports
the nominations and a memo was sent to the Board of County Commissioners on
September 22, 2015 requesting approval of the recommendations. No other
nominations were received. The current diversity count is: Hispanic 2; White 6;
and African-American 7. Countywide (HH)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to approve:
Warrant List.
2. Staff recommends
motion to approve: the following
final minutes of the Board of County Commissioners’ meetings:
Meeting Type Meeting Date
Workshop July 28, 2015
Zoning August 27, 2015
3. Staff recommends
motion to approve: Contracts
(regular) and claim settlements list as submitted by various departments to the
Clerk & Comptroller’s Office. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to approve:
A) Work Order 2013052-051utilizing Palm Beach County’s (County) Annual Asphalt Milling and Resurfacing Contract R2013-0235 (Contract) with Community Asphalt Corp. (Community) in the amount of $1,319,000 for Military Trail from Donald Ross Road to Indiantown Road (Commission District 1);
B) Work Order 2013052-052 utilizing the County’s Contract with
Community in the amount of $531,000 for Congress Avenue from Golf Road to
Boynton Beach Boulevard (Commission Districts 3 and 4); and
C) Work Order 2013052-053 utilizing the County’s Contract with Community in the amount of $637,000 for Indiantown Road from Beeline Highway to Brian Way (Commission District 1).
SUMMARY: Approval of these three Work Orders will allow the
contractual services necessary to construct all the improvements. Per County
PPM CW-F-050, these Work Orders exceed the threshold relating to staff
approvals of contracts, thus requiring approval from the Board of County
Commissioners. (MRE)
2. Staff recommends motion to approve: Supplemental Agreement No. 1 (Supplement) to project agreement R2006-0817, in the amount of $106,973.66, with K-F Group, Inc. (KFG), for professional services for the Indiantown Road and Jupiter Farms Road Intersection Improvements project (Project). SUMMARY: Approval of this Supplement will provide the professional services necessary for the preparation of design plans and construction bid documents for the Project. The Small Business Enterprise (SBE) goal for the Project is 15%. KFG proposed 97% SBE participation for the project agreement. KFG has proposed 90.20% SBE participation for this Supplement for a total of 95.60% SBE participation to date under this project agreement. KFG is a Palm Beach County company and is a certified SBE. The design will include the addition of a second westbound left turn lane and a new “free flow” northbound to eastbound lane. District 1 (MRE)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (Cont’d)
3. Staff recommends motion to approve:
A) a Consent to Assignment of the annual structural contract R2014-0120, (Structural Contract) for structural engineering services on a work task order basis from Bridge Design Associates, Inc. (BDA) to Wantman Group, Inc. (WGI);
B) a Consent to Assignment of the annual structural agreement R2011-0174, (Structural Agreement) for structural engineering services on a work task order basis from BDA to WGI;
C) a Consent to Assignment of the project agreement R2012-0378, (Camino Real Agreement) for the Camino Real Road/Boca Club Bridge over the Intracoastal Waterway project from BDA to WGI; and
D) a consent to assignment of the project contract R2014-1555, (Palmetto Park Contract) for the Palmetto Park Road over the Lake Worth Drainage District E-4 Canal (El Rio Canal) Bridge Replacement project from BDA to WGI.
SUMMARY: Approval of these consent to assignments will assign the Structural Contract, Structural Agreement, Camino Real Agreement, and Palmetto Park Contract, from BDA to WGI. BDA has consented to assign their contracts and agreements to WGI for the completion of the work. Countywide/District 4 (MRE)
4. Staff recommends motion to approve: the Fiscal Year 2015/2016 pathway program. SUMMARY: Approval of the Fiscal Year 2015/2016 pathway program will allow construction of the proposed projects compiled in response to requests from the Palm Beach County School District, Palm Beach County Sheriff’s Office, members of the Board of County Commissioners, and residents of Palm Beach County. The proposed projects include eight new construction projects and 13 major maintenance projects. The total program cost is $1,500,000 and is divided into the following categories:
School Related |
$409,528 |
Non-School Related |
$473,595 |
Major Maintenance |
$496,923 |
Minor Maintenance & Support |
$119,954 |
Total |
$1,500,000 |
Countywide (MRE)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: a Settlement
Agreement with Holy Trinity Episcopal Church of West Palm Beach, Inc., Holy
Trinity Properties, Inc., and the City of West Palm Beach. SUMMARY: Holy Trinity Episcopal Church of West Palm
Beach, Inc., and Holy Trinity Properties, Inc., (hereinafter collectively
referred to as “Holy Trinity”) sued Palm Beach County (“the County”) and the
City of West Palm Beach (“the City”) in a lawsuit styled Holy Trinity Episcopal Church of West Palm Beach, Inc., et. al. v. Palm Beach County, et.
al., Case No.: 50 2013 CA 012016 XXXX MB AI (Fifteenth Circuit Court) (“the
Lawsuit”), alleging that the County inversely condemned Holy Trinity’s riparian
rights by installing the South Cove restoration project in the waters off of
Flagler Boulevard in downtown West Palm Beach.
The parties attended mediation on August 24, 2015, and agreed to a
proposed Settlement Agreement, contingent upon the approval of the Board of
County Commissioners, the City’s Commission, and Holy Trinity’s Vestry and
Property Committee. Under the proposed
Settlement Agreement, Holy Trinity would acknowledge the County’s right to
attach its boardwalk to the City’s seawall, would execute a release on behalf
of the City and the County, and would dismiss its pending lawsuit with
prejudice, after the following actions occur: 1) the County applies for and
obtains on behalf of Holy Trinity a conceptual dock permit from the Army Corps
of Engineers and the Florida Department of Environmental Protection for a
forty-slip boat dock, accommodating at least ten slips for forty-foot boats and
30 slips for boats ranging in size from twenty-five feet to forty feet; 2) the
City reviews and approves the dock permit application, including review for compliance
with zoning and building regulations; 3) the County pays Holy Trinity one
hundred sixty-thousand dollars ($160,000); and 4) the City pays Holy Trinity
sixty-five thousand dollars ($65,000). District 7 (ATP)
E. COMMUNITY SERVICES
1. Staff recommends
motion to:
A) approve Florida Agency for Health Care Administration (AHCA) Health Care Licensing
Application/Addendum renewal for the Division of Senior Services (DOSS) North
County Adult Day Care, for the period December 18, 2015, through December 17,
2017; and
B) delegate to the County
Administrator, or her designee, signatory authority on individual licenses and
any other necessary documents related to the AHCA licensing requirements.
Summary: AHCA is responsible for the licensure and
regulation of health facilities, including adult day cares. Adult day cares are required to be licensed
by AHCA with a renewal every two years through a licensing application
process. The AHCA Health Care Licensing
Application for renewal for adult day care is required sixty days prior to the
expiration of the current license, which is December 17, 2015. The Health Care Licensing
Application/Addendum is a requirement of AHCA and necessary to renew DOSS's
adult day care licensing. There is no
cost to Palm Beach County.
County-operated or municipally operated centers applying for licensure
are exempt from the payment of license fees.
(DOSS) Countywide except for portions of Districts 3, 4, 5, and 7 south of
Hypoluxo Road (HH)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to approve: First Amendment (Amendment) to Development Site
Lease Agreement with Palm Auto Plaza, LLC (R2014-0037) (Lease), providing for
the lease of approximately 322,011 square feet of unimproved ground, additional
annual rental in the amount of $241,508, and a rental credit in the amount of
$141,046 to reimburse Palm Auto Plaza for roadway abandonment costs. SUMMARY: The Amendment provides for the
lease of approximately 322,011 additional square feet of unimproved ground
located south of the Palm Beach International Airport to be used for the
construction of access driveways, drainage and landscaping in connection with
the retail automotive sale and
service facility being constructed by Palm Auto Plaza pursuant to the
Lease. The Amendment increases the total
annual rental under the lease to $500,119.
Palm Auto Plaza incurred costs in the amount of $141,046 to abandon a
portion of East Grace Drive (Roadway Parcel). The Amendment provides for the
reimbursement of the roadway abandonment costs incurred by Palm Auto Plaza
through a rental credit. Countywide (HF)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to approve: appointment of Robert S. Kleinberg to the
Contract Review Committee (CRC):
Nominee Seat No. Nominated
By
Robert
S. Kleinberg 4 Commissioner Burdick
SUMMARY: On December
6, 2011, the Board of County Commissioners voted to add an At-Large appointee
to the CRC. The Board directed the new
member to be a representative from the community with general contracting
experience or an attorney experienced in construction law. Malcolm Cunningham, Esq., was appointed to
the CRC. As Mr. Cunningham did not
comply with the Board’s attendance policy, a vacancy has occurred on the CRC,
and the Honorable Robert S. Kleinberg has been nominated. Mr. Kleinberg is a retired Judge and had
practiced law for many years. The term
of this seat expires September 8, 2017.
The Board was notified of the vacancy on July 20, 2015. Countywide
(MRE)
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff
recommends motion to:
A) adopt a Resolution authorizing the conveyance of
the County’s interest in three parcels of surplus property to the City of West
Palm Beach without charge pursuant to Florida Statutes Section 197.592(3), and
with reservation of mineral and petroleum rights, but without rights of entry
and exploration; and
B) approve three County Deeds in favor of the City of
West Palm Beach.
SUMMARY: In
2014, the County acquired three tax deed parcels via escheatment that are
located within the municipal boundaries of the City of West Palm Beach. The parcels serve no present or future County
purpose. The parcels are being conveyed
to the City pursuant to Florida Statutes Section 197.592(3), which requires the
conveyance of surplus property acquired by tax deed to the municipality in
which it is located. This conveyance
will relieve the County of potential liability for occurrences on the property
and also the cost of maintenance. The
County will retain mineral and petroleum rights in accordance with Florida
Statutes Section 270.11, without rights of entry and exploration. This conveyance must be approved by a supermajority
vote (5 Commissioners). (PREM) District
7 (HJF)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
2. Staff recommends
motion to:
A) adopt a
Resolution authorizing the conveyance of the County’s interest in .22 acres of
surplus property to the City of Delray Beach without charge and with
reservation of mineral and petroleum rights, but without rights of entry and
exploration pursuant to Florida Statutes Section 270.11; and
B) approve
a County Deed in favor of
the City of Delray Beach.
SUMMARY: The
City of Delray Beach (City) has requested the conveyance of County-owned
unimproved surplus property located at 316 - 4th Avenue. The property was acquired in April 2015 by
Tax Deed, is located within the City’s municipal boundaries and has an assessed
value of $21,625. This property is a
buildable small lot in a designated CRA area.
The property is being conveyed pursuant to Florida Statutes Section
197.592(3), which authorizes the conveyance of surplus property acquired by Tax
Deed to the municipality in which it is located. This property has been declared surplus and
serves no present or future County purpose.
Conveyance to the City will relieve the County of maintenance
responsibility and liability. The County
will retain mineral and petroleum rights in accordance with Florida Statutes
Section 270.11, without rights of entry and exploration. This
conveyance must be approved by a supermajority vote (5 Commissioners). (PREM) District 7 (HJF)
3. Staff recommends
motion to:
A) adopt a
Resolution authorizing the conveyance of the County’s interest in .06 acres of
surplus property to the Palm Beach County Housing Authority, a government
entity created pursuant to Chapter 421, Florida Statutes, without charge and
with reservation of mineral and petroleum rights, but without rights of entry
and exploration pursuant to Florida Statutes Section 125.38; and
B) approve
a County Deed in favor of
the Palm Beach County Housing Authority.
SUMMARY: The Palm Beach County Housing Authority
(PBCHA) has requested the conveyance of a County owned unimproved surplus
property located at the northwest corner of Northwest 12th Avenue
and Northwest 4th Street in Boynton Beach. The property was acquired in June 2010 by Tax
Deed and has an assessed value of $8,190.
This property is a buildable small lot adjacent to numerous other vacant
properties owned by PBCHA and proposed for the construction of affordable
housing units. The property is being
conveyed pursuant to Florida Statutes Section 125.38, which authorizes the sale
of the property directly to another government entity without competitive
bidding provided the Board is satisfied the conveyance promotes a community
interest and public welfare. This
property has been declared surplus and serves no present or future County
purpose. Conveyance to PBCHA will
relieve the County of maintenance responsibility and liability. The County will retain mineral and petroleum
rights in accordance with Florida Statutes Section 270.11, without rights of
entry and exploration. This conveyance must be approved by a supermajority
vote (5 Commissioners). (PREM) District 7 (HJF)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
4. Staff recommends
motion to:
A) adopt a Resolution authorizing the conveyance of
the County’s interest in seven parcels of surplus property to the City of Belle
Glade without charge pursuant to Florida Statutes Section 197.592(3), and with
reservation of mineral and petroleum rights, but without rights of entry and
exploration; and
B) approve seven County Deeds in favor of the City of
Belle Glade.
SUMMARY: The County recently acquired via tax deed
escheatment seven parcels located within the municipal boundaries of the City
of Belle Glade with a collective assessed value of $43,930. The parcels serve no present or future County
purpose. The parcels are being conveyed
to the City pursuant to Florida Statutes Section 197.592(3), which requires the
conveyance of surplus property acquired by tax deed to the municipality in
which it is located. The County will
retain mineral and petroleum rights in accordance with Florida Statutes Section
270.11, without rights of entry and exploration. This conveyance must be approved by a supermajority vote (5
Commissioners). (PREM) District
6 (HJF)
5. Staff recommends
motion to:
A) adopt a Resolution authorizing the re-conveyance
of the County’s interest in 0.039 acres of real property located in
unincorporated Delray Beach to the Lake Worth Drainage District (LWDD) without
charge and without reservation of mineral and petroleum rights; and
B) approve a County Deed in favor of the Lake Worth Drainage District.
SUMMARY: In
1950 the LWDD conveyed approximately 20 acres of property to the County
comprising a large portion of Lake Eden which is adjacent to, but separate
from, Lake Ida. The original Deed from
LWDD to the County contained a restriction that the property be used for park
purposes and included a reverter clause.
Robert and Brenda Gallik own a 0.24 acre residential lot at 24 Northwest
25th Court, Delray Beach, which abuts Lake Eden. The Gallik’s desire to put an addition on
their home and will require the acquisition of approximately .039 acres of
additional upland property the County owns along the lake shoreline. The County has no use for this property as it
is separated from the County-owned Lake Ida Park. On May 12, 2015, LWDD
provided a letter requesting that the County acknowledge the reversion and
re-convey the property to LWDD since the upland property has never been used
for park purposes. This County Deed is
being granted to LWDD in recognition of LWDD’s reverter rights and will allow
title to be transferred from LWDD to the Galliks. The County will not retain mineral and
petroleum rights as provided for in Florida Statutes Section 270.11. This
conveyance must be approved by a supermajority vote (5 Commissioners) pursuant
to the PREM Ordinance. (PREM) District 4 (HJF)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (Cont’d)
6. Staff recommends
motion to approve: a Deed of Conservation Easement across a portion of
Okeeheelee Park South in unincorporated Greenacres in favor of the South
Florida Water Management District (SFWMD).
SUMMARY: As a condition of a
SFWMD permit for the development of Okeeheelee Park South, the County is
required to grant SFWMD a Deed of Conservation Easement upon completion of construction
of a surface water management system and on-site wetland mitigation to serve
the 600+ acre park. The non-exclusive
easement will consist of a wetland mitigation area containing 0.66 acres
located on the north bank of the 71-acre on-site lake. The easement is being granted to the SFWMD at
no cost as a condition of compliance with the SFWMD permit. (PREM) District
2 (HJF)
7. Staff recommends
motion to approve: a
Standard License Agreement in favor of Thalle Construction Company, Inc.
(Thalle) for the placement of temporary storm water discharge pipes and a
staging area for construction materials within the County’s Paul Rardin
Park. SUMMARY: Paul Rardin Park is located at 460 State Road 715 in
Pahokee. The U.S. Army Corps of
Engineers (USACE) is replacing a water control structure adjacent to the park
as part of the restoration of the Herbert Hoover Dike. Thalle was awarded the construction project.
On July 22, 2014, (R2014-104), the Board approved a License Agreement allowing
Thalle to use part of the Park for the placement of a temporary above ground
storm water discharge pipes and the staging of construction materials for the
project. The existing License Agreement
will expire on November 5, 2015.
Thalle’s project has been extended by the USACE and Thalle is requesting
continued use of the Park
for an additional 13 months until December 20, 2016. The license area is 34,000 square feet or .78
of an acre. The County may terminate the
License Agreement at any time. The
restoration of the Herbert Hoover Dike is in the best interest of the
community’s safety and welfare. The
construction project is federally funded and any charge for the license would
be passed through to the USACE.
Therefore, this License Agreement is being granted at no charge. (PREM) District
6 (HJF)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
I. ECONOMIC
SUSTAINABILITY
1. Staff recommends
motion to delegate: authority to the County Administrator, or her
designee, to sign State required Administrative Closeout Reports (Form SC-62)
for the Florida Community Development Block Grant (CDBG) Disaster Recovery
Initiative (DRI) Programs. Summary: Palm Beach County received
allocations of DRI Program funding totaling $42,660,426.27 from the Florida
Department of Economic Opportunity (DEO), including: $14,361,389.50 under DRI2
Contract No. 07-DB-3V-10-60-01-Z07 (R2007-1027, as last amended by R2015-1022);
$19,568,569.00 under DRI3 Contract No. 08DB-D3-10-60-01-A07 (R2008-1312, as
last amended by R2015-1023); $6,533,405.00 under DRI4 Contract No.
10DB-K4-10-60-01-K29 (R2010-1411, as last amended by R2014-1181); and
$2,197,062.77 under DRI5 Contract No. 12DB-P5-10-60-01-K43 (R2012-1005, as last
amended by R2015-1024). The DRI Program
served priority community disaster recovery and mitigation needs
countywide. Infrastructure and public
facility accomplishments included the construction or rehabilitation of 21
drainage and roadway projects, 17 water and sewer projects, and six community
facilities. Housing accomplishments
included the demolition of 206 dilapidated housing units, new construction of
54 housing units, rehabilitation of 216 single-family housing units, and the
rehabilitation of 1,681 multi-family housing units. All together, these projects are benefitting
over 118,000 Palm Beach County residents. The County is required to submit an
Administrative Closeout Report for each DRI grant. These Reports are due to DEO no later than
October 15, 2015. Approval of this item
will delegate signatory authority to the County Administrator, or her designee,
to execute the Reports in order to facilitate submittal to DEO by the deadline.
(Strategic Planning Section) Countywide (JB)
2. Staff recommends
motion to approve: an Agreement with the Palm Beach County Film and
Television Commission, Inc. (F&TV Commission) in the amount of $50,000 for
the period October 1, 2015 to September 30, 2016. Summary:
This Agreement with the F&TV Commission will fund operational and
educational expenses for the Film & TV Tech Prep Program, which is entering
its 20th year of operation.
The Program continues to support the development of the film and
television industry in Palm Beach County through an enhanced strategic plan
drafted by educators and industry professionals. This funding will assist in the planning,
facilitation and execution of all aspects in the production of the largest film
competition and live awards ceremony within the State of Florida, the 2016
Student Showcase of Films (SSOF). The
SSOF honors Florida high school and college student filmmakers and celebrates
the artistic successes they have achieved in this field. This
funding is projected to have a one year Economic Sustainability Impact of
$179,300. These are County Ad
Valorem funds. (DES Contract Development) Countywide (JB)
J. PLANNING, ZONING
& BUILDING
1. Staff recommends
motion to adopt:
Resolution of the Board of County Commissioners of Palm Beach County, Florida,
changing the street name of Process Drive to Weisman Way located in the unincorporated
portions of Sections 31 and 32, Township 43, and Range 42, West Palm Beach. SUMMARY:
The Board of County Commissioners (BCC) requested a street name change from
Process Drive to Weisman Way in honor of retiring County Administrator, Robert
Weisman. Upon receiving a copy of the approved Resolution, PZ&B Staff will
implement the name change by notifying appropriate parties and agencies. Staff
is also coordinating with the Village of Royal Palm Beach to have them change
the name for that portion of the road within the Village boundaries. District
6 (RB)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to:
A) approve a Federal Cost Sharing Agreement with the
Department of the Army, represented by the U.S. Army Engineer, Jacksonville
District (Government), in the projected amount of $800,000 that includes the
County’s share of $400,000 to cover the costs of an environmental restoration
project feasibility study to begin upon execution and end upon Government
approval of the decision document; and
B) authorize the County Administrator, or her designee,
to sign all future time extensions, task assignments, certifications and other
forms associated with this Agreement, and necessary minor amendments that do
not substantially change the scope of work, terms or conditions of this
Agreement.
SUMMARY: This projected $800,000 Agreement will
provide funding for a feasibility study to identify environmental restoration
projects within the Lake Worth Lagoon that, upon study acceptance, would be
eligible for $10,000,000 in Federal project construction dollars. The County
will be responsible for 50% ($400,000) of the costs that will include in-kind
contributions of up to $350,000 and Manatee Protection Funds of $50,000. Countywide
(SF)
2. Staff recommends
motion to adopt: a Resolution dedicating the 562-acre Winding
Waters Natural Area in honor of Mr. Richard E. Walesky’s instrumental role in
establishing the County’s environmentally sensitive lands program and his years
of dedicated service to the County. SUMMARY: In
recognition of Mr. Richard E. Walesky’s 24 years of excellent service as the
Director of Palm Beach County’s Department of Environmental Resources
Management from its inception in 1987 until his retirement in 2011, and for his
passionate support of the land and water resources of Palm Beach County, the
County wishes to express its appreciation to Mr. Walesky by dedicating the
Winding Waters Natural Area in his honor. District 7 (SF)
M. PARKS
& RECREATION
1. Staff recommends
motion to receive and file: the following
original executed Independent Contractor Agreements:
A)
Shelly Janssen, Youth Dance Instructor, West Boynton Recreation Center,
for the period of August 29, 2015, through September 29, 2015.
B) Palm
Beach County Officials Association, West Boynton Recreation Center, for the
period of September 5, 2015, through September 26, 2015.
C)
Kidding Around Yoga of the Palm Beaches, LLC,
West Jupiter Recreation Center, for the period of August 5, 2015, through September
30, 2015.
D)
Derek Jones, US Diving Coach, North County Aquatic Complex, for the
period January 1, 2015, through September 30, 2015.
Summary: In accordance with County PPM CW-O-051, all delegated
contracts/agreements/grants must be submitted by the initiating Department as a
Receive and File Agenda Item. These
Independent Contractor Agreements have been fully executed on behalf of the
Board of County Commissioners (Board) by the County Administrator/Director/Assistant
Director of the Parks and Recreation Department in accordance with Resolution
94-422, amended by Resolutions 2002-2103, 2007-0409, and 2012-0168, and are now being submitted by the Board to receive and
file. Districts 1 & 3
(AH)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
S. FIRE RESCUE
1. Staff recommends
motion to receive and file: one fully executed License Agreement for Training at the Palm Beach
County Fire Rescue Regional Training Center with the City of Greenacres, for
the City’s use of the training center, for the period August 28, 2015,
through August 27, 2020. SUMMARY: On July 22, 2014, the Board adopted Resolution
No. R2014-1065, which authorized the County Administrator, or
his designee (Fire Rescue Administrator) to execute a standard license
agreement for up to a five year term, with outside fire rescue/public safety
agencies and other authorized entities, providing them with access to the
Regional Training Center to conduct training activities and events for public
safety personnel. The Licensee is
responsible for the payment of applicable user fees. Pursuant to Countywide PPM CW-O-051, one
fully executed License Agreement is being submitted as a
receive and file agenda item for the Clerk’s Office to note and
receive. Countywide (SB)
2. Staff recommends
motion to approve: Interlocal
Agreement for Fire/Rescue MSTU CRA Exemption with the Town of Lake Park to
exempt the Fire/Rescue MSTU from the Lake Park CRA. SUMMARY: The Fire/Rescue Municipal Service Taxing Unit
(MSTU) encompasses the unincorporated areas of Palm Beach County plus the
incorporated areas within the municipal boundaries of municipalities that have
opted to join the MSTU. The County
currently provides fire-rescue services to the Town of Lake Park (Town) through
an interlocal agreement (R2002‑0993), at a rate established by the
Agreement. In September 2014, the Town
approved an ordinance to opt into the Fire/Rescue MSTU as a method to receive
and pay for fire-rescue services from the County. Fire Rescue services to the Town funded
through the MSTU beginning October 1, 2015. This Agreement exempts the Fire/Rescue MSTU
from any payment of tax increment funds to the Lake Park Community
Redevelopment Agency (CRA). Inclusion of
the Town in the Fire/Rescue MSTU will not change the amount of revenue received
from the Town for fire-rescue services. Districts 1 & 7 (SB)
T. HEALTH DEPARTMENT
1. Staff recommends motion to:
A) adopt a Resolution authorizing the Department of Health Palm Beach County (DOH PBC), Division of Environmental Public Health, Air Pollution Control Section to utilize funds from the Pollution Recovery Trust Fund (PRTF) for the purpose of purchasing a shelter for ambient air monitoring; and
B) approve a Budget Transfer of $60,000 from PRTF Reserves to the Department of Health Palm Beach County for ambient air monitoring.
SUMMARY: This Resolution authorizes the transfer of $60,000 from the Pollution Recovery Trust Fund to the Department of Health Palm Beach County for purchasing a shelter for ambient air monitoring. Countywide (HH)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
U. INFORMATION SYSTEMS
SERVICES
1. Staff recommends
motion to:
A) rescind the Interlocal Agreement (R2010-0929), dated June
8, 2010;
B) approve the Interlocal Agreement for network services
with Seacoast Utility Authority (SUA) for a revised annual revenue total of
$2,400; and
C) authorize the County Administrator or designee, ISS Director, to approve and
execute Task Orders associated with these services, up to a maximum dollar
value of $50,000 per Task Order.
SUMMARY: The SUA has an existing network services agreement
with Palm Beach County (R2010-0929). This Interlocal Agreement has been revised to
include current contract standards, reduce the network bandwidth rate at their
Palm Beach Gardens location, and include an additional Exhibit B for WiMAX
antenna placements on their communication towers in exchange for WiMAX network
services at SUA remote locations. This
Interlocal Agreement takes effect on October 1, 2015 for an initial term of one
year with automatic one-year renewals unless notice is given by either party;
and will decrease revenues in FY 2016 and succeeding fiscal years by $6,000 due
to their bandwidth rate reduction per the new fee structure which will take
effect October 1, 2015. The Florida
LambdaRail LLC waived their monthly fee on 9/21/2011 and has approved
connection of SUA to the Florida LambdaRail. District 1 (PFK)
2. Staff recommends
motion to:
A) approve electronic submittal of a grant application and associated documents to
the U.S. Geological Survey (USGS) for a 3D Elevation Mapping Program (3DEP)
Grant No. G15PS00558 in the amount of $228,000 with a local match of $342,000
for a total project cost of $570,000 expected to begin January 2016 and end December 31, 2017;
B) adopt a Resolution permitting the County to advance funding to USGS to
initiate the mapping if Palm Beach County is awarded the grant; and
C) authorize the County Administrator or her designee, ISS Director, to approve the
grant agreement from USGS.
SUMMARY: The USGS has published a Broad Agency
Announcement for the 3DEP grant program which will fund awarded projects to
acquire Light Detection and Ranging (LiDAR) mapping for critically targeted
geographic areas that have been identified by multiple federal agencies. These agencies have identified southern
coastal areas as a priority, as well as locations without LiDAR coverage, or
where existing data are eight years or older. Palm Beach County fits these criteria. The LiDAR data will be used to assist with the
FEMA corrected flood maps. The LiDAR
base data has value for developing additional products via Task Orders for many
other uses across several departments and agencies. Staff is exploring cost-sharing partnerships
where at least two entities have expressed an interest in participating in the
grant application. The total project
amount is $570,000 of which the local match for the 3DEP grant, if awarded, is
estimated to be 60% or $342,000. The
grant funding if awarded will go to USGS. We hope to lower the County’s obligation by
entering into interlocal agreements with other local entities. SFWMD has agreed to contribute $81,000 upon
receipt of the deliverable. A Resolution
is provided to enable the County to advance funding to the USGS under this
grant. Countywide (PFK)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
1. Staff
recommends motion to receive and file:
A) the executed agreement for Psychological or
Expert Witness Professional Services in Adult and Juvenile Criminal Matters
with the Fifteenth Judicial Circuit for the period of July 1, 2015 to June 30,
2017; and
B) the executed agreement for Expert
Psychological or Professional Services in Guardianship/ Examining Committee
Matters with the Fifteenth Judicial Circuit for the period of July 1, 2015 to
June 30, 2017.
SUMMARY: The Court has contracted with the Division of
Justice Services to provide court ordered forensic evaluations and testimony
through Justice Services’ Court Psychology Office. Seniors, adults, teens, and
children throughout the county are directed to the Court Psychology office with
the appropriate court order, outlining which specific evaluation is required.
The scope of services provided in each agreement includes competency and
psychological evaluations for adult and juvenile criminal matters,
psychological evaluations for child welfare and family court cases, and
appointment as an examining committee member relating to guardianship matters. These agreements compensate the County Court Psychology
office for the contractual services provided to the Fifteenth Judicial Circuit.
R-2005-0792 authorizes the County Administrator or her designee to sign
agreements to provide psychological services to the Fifteenth Judicial Circuit
Court. Countywide (JB)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve:
A) Selection of Solstice Benefits; Inc. as the provider for the County’s multiple
option, employee paid, dental insurance program beginning January 1, 2016 (RFP
No. 15-067/SC); and
B) Contract with Solstice Benefits, Inc. to provide fully insured,
employee-paid dental plans for the period January 1, 2016, through December 31,
2018, with guaranteed rates for three years and two annual options to renew.
SUMMARY: Following
an unacceptable renewal quote which included a 45% premium hike for both Dental
Preferred Provider Organization (PPO) plans from incumbent carrier United
HealthCare, a Request for Proposals was
issued for a replacement voluntary (employee pay-all) multiple option dental
insurance program for County employees and their eligible dependents. Responses
from seven responsive carriers were evaluated by a five member selection
committee. All responsive companies offered dental plans at comparable levels of
benefits and associated rates, but Solstice Benefits, Inc. offered the most
comprehensive coverage at the most competitive rates, reducing the PPO renewal
rates from a 45% increase to a 19.5% increase. A unanimous vote of the
selection committee ranked Solstice Benefits, Inc. as the chosen provider. Solstice
Benefits, Inc. is the current provider of the “open access” Dental Health
Maintenance Organization (DHMO), which was proposed at a 1% decrease in premium
over the expiring plan. The majority of employees are currently participating
in the DHMO plan. The plans recommended
for approval include coverage for additional procedures. In addition to the
employees of Palm Beach County Board of County Commissioners, the employees of
Palm Tran, Inc. and the Supervisor of Elections will also be eligible to
participate in these plans pursuant to the provisions of Interlocal Agreement R2002-2287. Countywide (HH)
2. Staff recommends
motion to approve: the purchase of airport liability insurance, for the
period October 10, 2015, through October 10, 2016; to be purchased through the
County’s contracted broker, Arthur J. Gallagher & Co. for a total not to
exceed cost of $115,785. SUMMARY: The total cost of $115,785 for airport liability insurance represents
an increase of approximately 6% over the expiring premium of $108,606, but
allows the County to increase the liability limits from $150,000,000 to
$200,000,000. Overall, the aviation
insurance market remains stable and the County’s proactive approach to
controlling losses continues to keep premiums very reasonable for an agency of
this size. For these reasons, we were able to secure additional coverage limits
with only a slight increase in premium. Countywide (HH)
OCTOBER 6, 2015
3. CONSENT
AGENDA APPROVAL
CC. INTERNAL AUDITOR
1. Staff
recommends motion to:
A) reappoint Nam H. Nguyen to Seat 4 on the Internal
Audit Committee; and
B) appoint Roger
A. Strout to Seat 3 on the Internal Audit Committee to replace Mark Burger who
resigned from the Committee.
SUMMARY: Mr. Nguyen
was originally appointed to the Internal Audit Committee in August 2010. His current term expired September 30, 2015. His new term will expire September 30,
2018. Mr. Strout is currently serving as
the Alternate member for the Committee.
He was appointed in October 2014.
Current Board policy is to promote the Alternate member to fill any
vacancy left by a member whose term expires or who resigns. Since Mr. Burger's term expired September 30,
2015, Mr. Strout would serve a three year term in Seat 3 ending September 30,
2018. The Internal Audit Committee
unanimously recommended these actions at its September 16, 2015. Countywide
(PFK)
* * * * * * * * * * * *
OCTOBER 6, 2015
4. PUBLIC HEARING – 9:30 A.M. (Motion to receive and
file: Proof of publication)
A. Staff recommends motion
to:
1) adopt an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, adopting an Interlocal Service
Boundary Agreement with the City of Lake Worth to coordinate future land use,
public facilities and services of annexation; authorizing the Mayor of the
Board of County Commissioners to sign the interlocal agreement; providing for
severability; providing for captions; and providing for an effective date; and
2) initiate a Comprehensive Plan amendment to add by a
reference in the Intergovernmental Coordination Element to the Joint Planning
Area identified in the Interlocal Service Boundary Agreement between the
City of Lake Worth and the Board of County Commissioners.
SUMMARY: In
accordance with Palm Beach County policy to promote interlocal agreements with
municipalities to address service delivery issues, Palm Beach County and City
of Lake Worth staff jointly prepared an Interlocal Service Boundary Agreement
(ISBA) and Joint Planning Agreement (JPA). In December 2013 and February 2014, the City of Lake Worth and Palm Beach
County respectively adopted resolutions to commence negotiations for an
ISBA/JPA. The negotiation process for the agreement included a County
Departmental review, a data and analysis report prepared by the City, and
public participation through community meetings on March 2014 and June 2015. By
Ordinance 2015-07 adopted on August 18, 2015
(Attachment 3 to the Agenda Item), the
City accepted the terms of the proposed ISBA/JPA to determine efficient
and effective service delivery while balancing the needs and desires of the
community. The subject unincorporated
area is within the future annexation area of the City, generally located on the
north and south sides of Lake Worth Road, north and south sides of 10th Avenue
North, east side of Lake Worth Drainage District E-4 Canal, as shown in Exhibit
A of the ISBA/JPA. The proposed ISBA/JPA does not annex any property,
but rather provides a more flexible mechanism for annexation to occur within
the proposed area. Pursuant to Chapter 171.203(9), Florida Statutes (F.S.)
requiring each party of the Interlocal Service Boundary Agreement to amend the
Intergovernmental Coordination Element of the Comprehensive Plan no later than
six months following entry of the agreement, this item also initiates an
amendment to acknowledge the agreement by reference. District 3 (RB)
* * * * * * * * * * * *
OCTOBER 6, 2015
A. ADMINISTRATION
TIME CERTAIN 11:00A.M.
1. Palm Beach Juvenile
Correctional Facility – Discussion with Christina K. Daly, Secretary,
Florida Department of Juvenile Justice. Summary:
At the request of the Board of County Commissioners, Secretary Daly has
agreed to appear before the Board to answer questions related to recent events
and management of the Palm Beach Juvenile Correctional Facility.
B. COMMUNITY SERVICES
1. REVISED BACKUP: Staff
recommends motion to approve: the Hunger Relief Strategic Plan for Palm Beach County. Summary: The Hunger Relief Plan is
a strategic planning document containing specific goals, objectives, tactics,
strategies, measurements and outcomes designed to address hunger in Palm Beach
County. The plan was developed by the
Food Research and Action Center (FRAC) with support from the University of South Carolina Center for Nutrition and Research in
Health Disparities (USC). FRAC and USC
gathered community input through an online survey responded to by 151 people,
and conducted twenty one-on-one stakeholder interviews and ten one-on-one
interviews with people struggling with hunger.
They held ten focus groups around the topics of Children Prenatal to Age
Four; School Age Children; Household and Family Crisis; Older Adults; Food
Pantries; Infrastructure and Systems; Funders; and Business. The impetus for this Plan is the desire for
new strategies and coordination to relieve and prevent hunger. Funding is included in the FY 2016 FAA Budget
to support implementation of the plan.
Projects or programs that may require funding in future budget years
will be presented to the Board on a case-by-case basis and/or included in annual
budget requests. Countywide (HH)
OCTOBER 6, 2015
5. REGULAR
AGENDA
C. COUNTY ATTORNEY
1. Staff recommends
motion to approve on preliminary reading and advertise for public hearing on
October 20, 2015 at 9:30 A.M.: an Ordinance of the Board of County
Commissioners of Palm Beach County, Florida, establishing the “Home Caregiver Ordinance”;
providing for a title; providing for applicability; providing for definitions;
providing for licensing; providing for disqualifications; providing for
administrative appeal; providing for enforcement; providing for penalties;
providing for repeal of laws in conflict; providing for severability; providing
for inclusion in the code of laws and ordinances; providing for captions; and
providing for an effective date. SUMMARY: The Board of County
Commissioners directed staff to work with the Palm Beach County Sheriff’s
Office in researching an ordinance requiring licensure and fingerprinting of
home caregivers. This Ordinance will require
licensure of those who qualify as “Home Caregivers” under the Ordinance, by the
County’s Department of Public Safety, Consumer Affairs Division. The Ordinance will be enforced primarily by
the Palm Beach County Sheriff’s Office. Countywide (HH)
2. Staff recommends motion to approve on preliminary reading and advertise for public hearing on October 20 at 9:30 A.M.: an Ordinance of the Board of County Commissioners of Palm Beach County, Florida, establishing the “Civil Citation for Small Quantity Marijuana Possession Ordinance”; providing for a title; providing for applicability; providing for definitions; providing for civil citation for certain misdemeanor violations; providing for civil penalties and enforcement; providing for repeal of laws in conflict; providing for severability; providing for inclusion in the code of laws and ordinances; providing for captions; and providing for an effective date. SUMMARY: The Board of County Commissioners directed staff to research whether Palm Beach County could enact an ordinance similar to those being considered by other local jurisdictions, including Miami-Dade County and West Palm Beach, which provide an alternative penalty for the possession of small amounts of marijuana and/or marijuana drug paraphernalia. This ordinance allows law enforcement the alternative of issuing a civil citation and imposing a civil fine of $100 on any person, 18 years of age or older, who possesses 20 grams or less of marijuana and/or marijuana drug paraphernalia. Countywide (HH)
OCTOBER 6, 2015
5. REGULAR
AGENDA
D. ENGINEERING
& PUBLIC WORKS
1. DELETED: Staff
recommends motion to:
A) adopt a Resolution to approve
a Traffic Signal Maintenance and Compensation Agreement (Agreement) with the
Florida Department of Transportation (FDOT);
B) approve the addition of four
positions for FY 2016 to the complement of the Traffic Engineering Division of
the Engineering and Public Works Department (Complement) as follows:
two Trades Crew Chiefs (Pay Grade 31); one Traffic Signal Servicer (Pay
Grade 20); and one Technical Aide (Pay Grade 19), at an annual cost of
$239,289;
C) approve in the FY 2016 budget the addition of two
utility vehicles at a total cost of $126,870, and an increase of $263,564 in
the associated line items for the additional related materials and equipment;
D) approve a Budget Amendment of
$629,723 in the County Transportation Trust Fund to recognize the additional
revenue from FDOT and appropriate it to the Traffic Division;
E) conceptually approve the
addition of three positions for FY 2017 to the Complement as follows: one
Traffic Signal Technician II (Pay Grade 28); one Senior Network Administrator
(Pay Grade 40); and one Technical Assistant III (Pay Grade 30), at an annual
cost of $213,958;
F) conceptually approve in the FY 2017 budget the
addition of three 35’ bucket trucks at a total cost of $300,135, and an
increase of $330,529 in the associated line items for the additional related
materials and equipment;
G) conceptually approve the
addition of one Traffic Signal Technician II (Pay Grade 28) position for FY
2018 to the Complement at an annual cost of $63,105;
H) conceptually approve in the FY 2018 budget the
addition of one 35’ bucket truck at a total cost of $100,045, and an increase
of $136,985 in the associated line items for the additional related materials
and equipment; and
I) conceptually approve in the FY 2019 budget an increase
of $100,045 in the associated line items for the additional maintenance related
materials and equipment.
SUMMARY: Approval of this Agreement will provide compensation for the maintenance and continuous operations of traffic signals, interconnected and monitored traffic signals, traffic signal systems, control devices, emergency/fire department signals and the payment of electricity. The current agreement does not have any defined performance measures and/or requirements. The new Agreement includes detailed maintenance and operations requirements with defined performance measures, including the forfeiture of compensation if the performance measures are not met. To meet the new performance measures additional staff, equipment, and materials are required. Under the existing agreement, FDOT currently reimburses Palm Beach County (County) $892,557 annually. Based on the Agreement, the County will receive an estimated $1,522,280 in FDOT FY 2015/16 and $2,240,032 in FDOT FY 2016/17. The annual increase over two years is approximately $1,388,712. Countywide (MRE)
OCTOBER 6, 2015
5. REGULAR
AGENDA
E. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff
recommends motion to:
A) adopt a Resolution finding that the Second
Amendment to Concessionaire Service Agreement (R2010-1408) with DH2, Inc. for
the operation of food and beverage services at Osprey Point Golf Course in
South County Regional Park for $30,000/year is in the best interest of the
County; and
B) approve
a Second Amendment to
Concessionaire Service Agreement (R2010-1408) with DH2, Inc.
SUMMARY: On
September 14, 2010, the Board awarded the Concessionaire Service Agreement
(R2010-1408) to DH2, Inc. for the use of a 183 SF snack bar/exterior patio area
at the Osprey Point Golf Course Clubhouse and for the operation of mobile food
and beverage carts on the golf course located in South County Regional Park,
Boca Raton. The three year initial term
commenced on November 5, 2010, and included two one-year extension
options. Both extension options were
exercised and the current term will expire on November 4, 2015. A new
full service restaurant building is expected to be constructed and be
operational in August 2016, at which time a new RFP will be issued. This Amendment will: i) approve a nine month extension of the Term
of the Agreement without competitive bid and may be extended on a month to
month basis to coincide with completion of construction; ii) increase the
Guarantee Annual Rent from $17,019 to $30,000; iii) delete the per round fee;
iv) add the use of an outside grill, the sale of liquor, and
the provision of paper cups; v) modify the dress uniform; vi)
incorporate certain standard contract provisions required by the County; and
vii) reduce the notice of termination from ninety days to thirty days by either
party. Parks will continue to have
administrative responsibility for this Agreement. (PREM) District 5
(HJF)
OCTOBER 6, 2015
5. REGULAR
AGENDA
F. RISK MANAGEMENT
1. Staff recommends
motion to approve:
A) Fourth annual option to renew the Administrative Services Only (ASO)
Agreement (R2011-1667) dated October 31, 2011, with CIGNA Health and Life
Insurance Company (CHLIC) for claims administration services for the County’s
self-funded HMO and POS health insurance plans for the period January 1, 2016,
through December 31, 2016; and
B) CHLIC’s proposed administrative fees, access fees and specific stop loss
premiums estimated at $2,193,381 for plan year 2016; and
C) the actuarial rates per coverage tier for plan
year 2016; and
D) 2016 plan year continuation of wellness program cash incentives in
the amount of $25 for completion of the online Health Risk Assessment (HRA) and
$25 for participation in an onsite biometric screening; and
E) increases to certain copayments and rate
contributions paid by employees for themselves and their eligible dependents
for plan year 2016.
SUMMARY: Staff
recommends Board approval to renew the ASO Agreement with CHLIC for the period
January 1, 2016, through December 31, 2016 on behalf of the employees of the
Board of County Commissioners (Board), Supervisor of Elections, and Palm Tran,
Inc. (collectively participating in the plan through the provisions of Interlocal
Agreement R2002-2287). For plan
year 2016, projected premiums for the County’s self-funded health plans reflect
an increase in employee cost sharing for monthly premiums, as well as an
increase in the Board’s level of funding in the amounts of $1,246,112 and
$7,415,359 respectively. The funding level reflects additional savings in the
amount of $1,939,144 through certain copayment increases in the prescription
drug, emergency room, and inpatient benefits under the plan, as these are
significant cost drivers. The recommended increases are necessary following a
sustained period of adverse claim experience. To fund estimated claims and
associated costs and meet the Office of Insurance Regulation’s “safe harbor”
surplus threshold for a self-insured plan, the 2016 funding rates reflect an
increase of 14.65% over the expiring rates, which have not been increased since
plan year 2011. Included within this amount is a flat renewal of $2,193,381 in
administrative and stop-loss insurance costs for the contract with CHLIC,
$63,537,077 in expected claims, and $266,604 in taxes/fees mandated by the
Affordable Care Act (ACA). In addition to the flat renewal with CHLIC, staff
has also negotiated a $75,000 contribution for wellness initiatives,
representing a $25,000 increase over the expiring year. Recommended copayment
and premium increases have been bargained and tentatively agreed to by the CWA
collective bargaining unit, with the ratification vote scheduled for October
14, 2015. Countywide (HH)
OCTOBER 6, 2015
5. REGULAR
AGENDA
G. TOURIST DEVELOPMENT COUNCIL
1. Staff recommends
motion to approve: Option to
renew the Agreement with Ovations Food Services, L.P. d/b/a Spectra Food
Services and Hospitality (Spectra), a limited partnership organized under the
laws of the Commonwealth of Pennsylvania, for the provision of Food and
Beverage Operations Services at the Palm Beach County Convention Center, from
October 1, 2015, through September 30, 2020, a term of five years in the amount
of $50,000 for an annual management fee adjusted for CPI and seven percent (7%)
of net profit with the opportunity to earn an incentive fee. County will
receive 93% of net profit for the food and beverage operations of the
convention center. SUMMARY: The food
and beverage operations at the Convention Center is
currently managed by Spectra, pursuant to the terms of the Operating Agreement
(R2010-0965). This Agreement provides Spectra to have authority over day to day
operations and marketing food and beverage services at the Convention Center.
Under the Agreement Spectra shall receive an annual fixed management fee of
$50,000 paid monthly, seven (7%) of Net Profits and an opportunity to earn an
incentive fee of up to 1% of gross sales in an amount of up to $2.5 Million and
up to 2% of the incremental difference over $2.5 Million of gross sales not to
exceed $4 Million, if key performances measures are met in the areas of
financial, marketing, sales, and customer service. The County will receive 93%
of net profit of the food and beverage operations of the convention center with
a revised sponsorship/rebate incentive program. In addition, the Agreement
includes change for non-discrimination to comply with county policy and adds an
Exhibit “H”- Non Discrimination to the contract. The Agreement will be
retroactive beginning October 1, 2015. The Tourist Development Council Board
has approved the contract extension for five years. (TDC) Countywide
(DW)
* * * * * * * * * * * *
OCTOBER 6, 2015
A. COMMISSION
DISTRICT APPOINTMENTS
* * * * * * * * * * * *
OCTOBER 6, 2015
7. MATTERS BY THE PUBLIC – 2:00 P.M.
* * * * * * * * * * * *
OCTOBER 6, 2015
A. ADMINISTRATION
COMMENTS
B. COUNTY
ATTORNEY
OCTOBER 6, 2015
A. District
1 – COMMISSIONER HAL R. VALECHE
B. District
2 – COMMISSIONER PAULETTE BURDICK
C. District
3 - COMMISSIONER SHELLEY VANA, MAYOR
D. District
4 – COMMISSIONER STEVEN L. ABRAMS
E. District
5 - COMMISSIONER MARY LOU BERGER, VICE MAYOR
F. District
6 - COMMISSIONER MELISSA MCKINLAY
G. District
7 - COMMISSIONER PRISCILLA A. TAYLOR
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."